LEGAL DEFINITIONS

Employee/worker

"employee" means an individual, other than an independent contractor, who -(a) works for another person and who receives, or is entitled to receive, remuneration for that work; or(b) in any manner assists in carrying on or conducting the business of an employer;

Labour Act §1(1)

Employer

"employer" means any person, including the State who -(a) employs or provides work for, an individual and who remunerates or expressly or tacitly undertakes to remunerate that individual; or(b) permits an individual to assist that person in any manner in the carrying or, conducting that person¿s business;

Labour Act §1(1)

Overtime/overtime work

(f) "overtime" means time worked in excess of the hours an employee ordinarily works in any ordinary working day but does not include any work done on -(i) a Sunday, if it is not an ordinary working day for that employee; or(ii) a public holiday;

Labour Act §8(1)f)

Night work(er)

(1) An employee is entitled to an additional payment of six percent of that employee's hourly basic wage, excluding overtime, for each hour of work performed by that employee between the hours of 20h00 and 07h00.

Labour Act, §19(1)

NORMAL HOURS LIMITS

Daily hours limit

General limit

(1) Subject to any provision of this Chapter to the contrary, an employer must not require or permit an employee, other than an employee contemplated in subsection (3), to work more than -(a) 45 hours in any week, and in any case, not more than -(i) nine hours on any day, if the employee works for five days or fewer in a week; or(ii) eight hours on any day, if the employee works for more than fivedays in a week; or(b) if the employee works in a continuous operation, the maximum number of hours prescribed by the Minister in terms of section 15(2) for that employee�s continuous shift.

Labour Act §16(1)

Exceptions

(3) Subject to any provision of this Chapter to the contrary, an employer must not require or permit a security officer, an employee working in emergency healthcare services or an employee of a class designated by the Minister in terms of subsection (5) to work more than -(a) 60 hours in any week, and in any case, not more than -(i) 12 hours on any day, if the employee works for five days or fewer ina week; or(ii) 10 hours on any day, if the employee works for more than five days a week; or(b) if the employee works in a continuous operation, the maximum number of hours prescribed by the Minister in terms of section 15(2) for that employee�s continuous shift.

Labour Act §16(2)

Weekly hours limit

General limit

(1) Subject to any provision of this Chapter to the contrary, an employer must not require or permit an employee, other than an employee contemplated in subsection (3), to work more than -(a) 45 hours in any week, and in any case

Labour Act §16(1)a)

Historical data (year indicates year of data collection)

2009: 45 hours

2007: 45 hours

1995: 45 hours.

Exceptions

(3) Subject to any provision of this Chapter to the contrary, an employer must not require or permit a security officer, an employee working in emergency healthcare services or an employee of a class designated by the Minister in terms of subsection (5) to work more than -(a) 60 hours in any week, and in any case

Labour Act §16(3)a)

Special categories

» Domestic work

OVERTIME WORK

Criteria for overtime

General

(1) Subject to any provision of this Chapter to the contrary, an employer must not require or permit an employee to work overtime except in accordance with an agreement, but, such an agreement must not require an employee to work more than 10 hours overtime a week, and in any case, not more than three hours¿ overtime a day.

Labour Act §17(1)

Limits on overtime hours

General limits

The limit for overtime work is of 10 hours per week and 3 hours per day, following the mentioned provision:

(1) Subject to any provision of this Chapter to the contrary, an employer must not require or permit an employee to work overtime except in accordance with an agreement, but, such an agreement must not require an employee to work more than 10 hours overtime a week, and in any case, not more than three hours overtime a day.

Labour Act §17(1)

Historical data (year indicates year of data collection)

2009: Overtime may not be performed for more than 3 hour per day and 10 hours per week.

2007: 3 hour per day and 10 hours per week

1995: 3 hours per day or 10 hours a week.

Restrictions/exceptions

(3) An employer may apply in writing to the Permanent Secretary to increase the limits on overtime work referred to in subsection (1) if the employees affected by the application agree.

(4) If the Permanent Secretary grants the application, the Permanent Secretary must issue a notice stipulating -(a) the class of employees to whom the notice applies;(b) the new limits on overtime work;(c) any conditions concerning the working of that overtime; and(d) its period of application, and may amend or withdraw the notice at any time.

(5) This section, except subsection (2), does not apply to an employee who is performing urgent work.

Labour Act §17(3)(4)(5)

Compensation for overtime work

Overtime rate(s)

(2) An employer must pay an employee for each hour of overtime worked at a rate at least one and one-half times the employees hourly basic wage but, when an employee who ordinarily works on a Sunday or public holiday, works overtime on that Sunday or public holiday, the employer must pay that employee at a rate of at least double the employees hourly basic wage.

1995: 50% premium on working days and 100% when worked on weekly rest days and public holidays.

SCHEDULES

General

(1) No employer may require or permit an employee, other than an employee who is performing urgent work, to work a spread-over of more than 12 hours.

Labour Act §20(1)

REST PERIODS

Rest breaks

General provisions

(1) An employer must give an employee who works continuously for more than five hours a meal interval of at least one hour.

Labour Act §18(1)

Remarks: § 18 does not apply to the following workers:

(5) This section does not apply to �(a) an employee who is engaged in urgent work;(b) a security officer; or(c) an employee who works on a continuous shift.

Labour Act, §18(5)

Historical data (year indicates year of data collection)

2009: One hour meal break for 5 consecutive hours of work.

2007: One hour for 5 consecutive hours of work.

1995: A meal break of 1 hour for 5 consecutive hours of work.

Exceptions

(2) An employer may shorten the meal interval to not less than 30 minutes if -(a) the employee agrees; and(b) the employer has given written notice to the Permanent Secretary of that agreement.

Labour Act §18(2)

Remarks: § 18 does not apply to the following workers:

(5) This section does not apply to �(a) an employee who is engaged in urgent work;(b) a security officer; or(c) an employee who works on a continuous shift.

Labour Act, §18(5)

Special categories

» Shift work

(5) This section does not apply to -(a) an employee who is engaged in urgent work;(b) a security officer; or(c) an employee who works on a continuous shift.

Labour Act §18(5)

Daily rest periods

The law does not set forth a daily rest period.

Weekly rest periods

Duration

» General

(2) An employer must not require or permit an employee, other than an employee who is performing urgent work, to work without a weekly interval of at least 36 consecutive hours of rest.

(1) An employer must not require or permit an employee to performwork on a Sunday, except as provided in this section.

Labour Act §20(2), 21(1)

Historical data (year indicates year of data collection)

1995: 1 day.

» Exceptions

(2) Subsection (1) does not apply to an employer who employs an employee for the purposes of -(a) urgent work;(b) carrying on the business of a shop, hotel, boarding house or hostel that lawfully operates on a Sunday;(c) performing domestic service in a private household;(d) health and social welfare care and residential facilities, including hospitals, hospices, orphanages and old age homes;(e) work on a farm required to be done on that day;(f) work in which continuous shifts are worked; or(g) any activity approved by the Permanent Secretary in terms of subsection (4).

(3) An employer may apply in writing to the Permanent Secretary to approve work on Sundays if the employees affected by the application agree.

Labour Act §21(2)(3)

Remarks: (1) An employer must not require or permit an employee to performwork on a Sunday, except as provided in this section.

Labour Act, §21(1)

Day specified

» General

(1) An employer must not require or permit an employee to performwork on a Sunday, except as provided in this section.

Labour Act §21(1)

» Exceptions

(2) Subsection (1) does not apply to an employer who employs an employee for the purposes of -(a) urgent work;(b) carrying on the business of a shop, hotel, boarding house or hostel that lawfully operates on a Sunday;(c) performing domestic service in a private household;(d) health and social welfare care and residential facilities, including hospitals,hospices, orphanages and old age homes;(e) work on a farm required to be done on that day;(f) work in which continuous shifts are worked; or(g) any activity approved by the Permanent Secretary in terms of subsection (4).

Labour Act §21(2)

Work on weekly rest day

» Compensation (for working on a rest day)

(5) Subject to subsection (6), an employer must pay an employee who works on Sunday double that employee¿s hourly basic wage for each hour worked.(6) Despite subsection (5), an employer may pay an employee who works on Sunday, one and one half of that employee¿s hourly basic wage for each hour worked, if -(a) the employer grants that employee an equal period of time away from work during the next working week; and(b) that employee agrees.(7) In a case of an employee who ordinarily works on Sunday, the employer must pay the employee�s daily remuneration plus the hourly basic wage for each hour worked.

Labour Act §21(5)(6)

ANNUAL LEAVE AND PUBLIC HOLIDAYS

ANNUAL LEAVE

Qualifying period

(3) If an employee does not ordinarily work a fixed number of days per week, the employee is entitled to annual leave calculated on the basis of the average number of days worked per week over the 12 months prior to the commencement of a new annual leave cycle, multiplied by four.

Labour Act §23(3)

Duration

» General

Every employee is entitled to at least four consecutive weeks annual leave in respect of each annual leave cycle (which means the period of 12 consecutive months employment with the same employer immediately following an employee`s commencement of employment or the completion of the last annual leave cycle).If the number of days in an ordinary work week are 6 the annual leave entitlement in working days is 24.

Labour Act §§ 8, 23

Historical data (year indicates year of data collection)

2009: Every employee is entitled to at least four consecutive weeks annual leave in respect of each annual leave cycle (which means the period of 12 consecutive months employment with the same employer immediately following an employee`s commencement of employment or the completion of the last annual leave cycle).
If the number of days in an ordinary work week are 6 the annual leave entitlement in working days is 24.

2007: Each worker in each calendar year is entitled to 24 consecutive working days' annual leave.

1995: 24 consecutive days.

Payment

» Amount

(2) Every employee is entitled to at least four consecutive weeks� annual leave with full remuneration in respect of each annual leave cycle.

Labour Act §23(2)

Remarks: (1) For the purpose of this section �ordinary work week� means the number of days per week ordinarily worked by an employee.

Labour Act, §23(1)

» Date of payment

(6) An employer must pay the remuneration due to an employee in respect of annual leave -(a) according to that employee�s regular pay schedule, if the employee is paid by direct deposit as contemplated in section 11(1)(b)(ii); or(b) in any other case, not later than -(i) the last working day before the commencement of the annual leave; or(ii) not later than the first pay day after the end of the leave period, if the employee requests such an extension in writing.

Labour Act §23(6)

Schedule and splitting

(5) An employer may determine when the annual leave is to be taken provided that it is taken no later than �(a) four months after the end of the annual leave cycle; or(b) six months after the end of the annual leave cycle, if, before the end of the four month period contemplated in paragraph (a), the employee agreed in writing to such an extension.

Labour Act §23(5)

Work during annual leave

(9) An employer must not require or permit an employee to work for the employer during any period of annual leave.

Labour Act §23(9)

PUBLIC HOLIDAYS

(1) An employer must not require or permit an employee to perform any work on a public holiday, except as provided in this section.

Labour Act §22(1)

Number and dates

12 days.New Years Day, Good Friday, Easter Monday, Independence Day (21st of March), Workers Day (1st May), Cassinga Day (4th of May), Ascension Day, Africa Day (21st May), Heroes Day (26th August), Day of the Namibian Women and International Human Rights Day (10th December), Christmas Day (24th December), Familiy Day (26th Day).

Public Holidays Act §4

Work on Public Holidays

» Criteria

(1) An employer must not require or permit an employee to perform any work on a public holiday, except as provided in this section.

(2) Subsection (1) does not apply to an employer who employs an employee for the purposes of �(a) urgent work;(b) carrying on the business of a shop, hotel, boarding house or hostel that lawfully operates on a public holiday;(c) performing domestic service in a private household;(d) health and social welfare care and residential facilities, including hospitals, hospices, orphanages and old age homes;(e) work on a farm required to be done on that day;(f) work in which continuous shifts are worked; or(g) any activity approved by the Permanent Secretary in terms of subsection (4).(3) An employer may apply in writing to the Permanent Secretary to approve work on a public holiday if the employees affected by the application agree.

Labour Act §22(1)(2)(3)

EMERGENCY FAMILY LEAVE

(1) An employee is, during each period of 12 months of continuous employment, entitled to five working days compassionate leave with fully paid remuneration.(2) An employee is entitled to compassionate leave if there is a death or serious illness in the family.(3) The Minister must prescribe the form and manner in which compassionate leave may be applied for by an employee and any other information that may be required to support the application.(4) Compassionate leave -(a) does not form part of annual, sick or maternity leave;(b) does not entitle the employee to any additional remuneration on termination of employment; and(c) if not used during the period referred to in subsection (1), lapses at the end of that period.(5) For the purposes of this section "family" means a -(a) child, including a child adopted in terms of any law, custom or tradition;(b) spouse;(c) parent, grandparent, brother or sister, of the employee; or(d) father-in-law or mother-in-law of the employee.

Labour Act §25(1)(2)(3)(4)

NIGHT WORK

Criteria for night work

(1) An employee is entitled to an additional payment of six percent of that employee�s hourly basic wage, excluding overtime, for each hour of work performed by that employee between the hours of 20h00 and 07h00.

Labour Act §19(1)

Compensation

(1) An employee is entitled to an additional payment of six percent of that employee¿s hourly basic wage, excluding overtime, for each hour of work performed by that employee between the hours of 20h00 and 07h00.

Labour Act §19(1)

Special categories

Young workers

(3) In respect of a child who is at least aged 14, but under the age of 16 years, a person -(c) must not employ that child in respect of any work between the hours of 20h00 and 07h00.

Labour Act §3(3)c)

Pregnant workers/recent birth

(2) An employer must not require or permit an employee, whom the employer knows, or reasonably ought to know, is pregnant, to perform any work, including overtime work, between the hours of 20h00 and 07h00, during the period -(a) eight weeks before her expected date of confinement; or(b) eight weeks after her confinement.(3) The periods referred to in subsection (2) may be extended if a medical practitioner certifies that it is necessary for the health of the employee or her child.

Labour Act §19(2)

SHIFT WORK

Criteria for shift work

(1) The Minister may, by notice in the Gazette, declare any operation to be a continuous operation and permit the working of continuous shifts in respect of those operations.

Labour Act §15(1)

Limits

Daily hours limit

(2) In a notice referred to in subsection (1), the Minister may prescribe any condition in respect of the shift, provided that no one shift may be longer than eight hours.

Labour Act §15(2)

Daily rest period

The rest break period provisions do not apply to employees who work on a continuous shift.

(5) This section does not apply to �(c) an employee who works on a continuous shift.

Labour Act §18(5)

SHORT-TIME WORK/WORK-SHARING

General provisions

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